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I am being sued by Portfolio Recovery in California. I filed my answer today using the General Denial form checking that I denied all allegations in the complaint. I did not assert any affirmative defenses, leaving that part blank. Now I’m reading that I should have. Should I amend my answer to add the affirmative defense of lack of standing?

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I am being sued by Portfolio Recovery in California. I filed my answer today using the General Denial form checking that I denied all allegations in the complaint. I did not assert any affirmative defenses, leaving that part blank. Now I’m reading that I should have. Should I amend my answer to add the affirmative defense of lack of standing?

Welcome to CIC!

It will help us if you start your own thread as @BV80 suggests. In the meantime, regarding affirmative defenses, if you thought the debt might be beyond the statute of limitations I'd definitely want assert that affirmative defense; but I don't think I've seen much success asserting the other affirmative defenses.

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I filed a general denial. Just checked box, not sure if I should have listed any affirmative defenses.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Already answered. Have not yet received any discovery.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 statements one of which is final, last page which has “your account has been charged off it is now being serviced by the recoveries dept.”

18. How did you find out about this site? Search

I’m not sure about my next step. Cause of action is Account Stated. I’m a little worried because from reading it is my understanding that I cannot send a demand for a Bill of Particulars because it is account stated and I also cannot compel arbitration because my original account was through Capital One.